§ 38-90. Construction pursuant to right of use.

(a)

The grantee of a servitude of right of use within a city cemetery may construct such structures upon the space or plot over which such servitude is held as are approved by the department of property management in accordance with the provisions of this chapter. The grantee shall file with the department of property management an itemized statement of the costs and expenses involved in the erection or placement of any construction within a city cemetery.

(b)

Upon the expiration of a servitude of right of use and consistent with the delays and notices provided for by section 38-89, the director of the department of property management may cause legal action to be undertaken to assume the ownership, or to compel the removal at the expense of the person who constructed same, his heirs or successors in interest, of any structure upon the space or plot within a city cemetery over which the expired servitude of right of use was held.

(c)

All acts of grant of servitude of the right of use within city cemeteries shall stipulate that the ownership of structures built within a city cemetery upon the space or plot over which such servitude is held may be assumed by the city, without compensation to the person who caused the same to be constructed, upon the abandonment of, or failure to renew, the servitude of right of use of the space or plot upon which such structure is found.

(Code 1956, § 13-30)